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C.R. v. EUGENE SCHOOL DIST. 4J

No. 13-35856.

835 F.3d 1142 (2016)

C.R., by and through his parents and next friends, Mark and Kathryn Rainville, Plaintiff-Appellant, v. EUGENE SCHOOL DISTRICT 4J, an Oregon public school district, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated October 19, 2015.

Filed September 1, 2016.

Resubmitted January 19, 2016.

Attorney(s) appearing for the Case

Marianne Dugan (argued), Eugene, Oregon, for Plaintiff-Appellant.

Blake H. Fry (argued), Mersereau Shannon LLP, Portland, Oregon, for Defendant-Appellee.

Peter D. Hawkes , Lane Powell PC, Portland, Oregon; Kevin Díaz , ACLU Foundation of Oregon, Inc., Portland, Oregon; for Amicus Curiae The American Civil Liberties Union of Oregon.

Before: A. Wallace Tashima and Carlos T. Bea, Circuit Judges and Larry A. Burns, District Judge.

OPINION

C.R., a student in the Defendant Eugene School District 4J (the "School District"), was twelve years old when he was suspended from Monroe Middle School for sexually harassing two younger students. The incident that led to his suspension was the last in an escalating series of encounters with two younger...

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